Proposed Establishment of the Conneaut Creek Viticultural Area, 726-730 [2024-00059]

Download as PDF 726 Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Proposed Rules DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 [Docket No. TTB–2023–0010; Notice No. 228] RIN 1513–AD01 Proposed Establishment of the Conneaut Creek Viticultural Area Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Notice of proposed rulemaking. AGENCY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the 70,437-acre ‘‘Conneaut Creek’’ American viticultural area (AVA) in Ashtabula County, Ohio. The proposed AVA is located entirely within the boundaries of the existing Lake Erie AVA. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on these proposals. DATES: TTB must receive your comments on or before March 5, 2024. ADDRESSES: You may electronically submit comments to TTB on this proposal, and view copies of this document, its supporting materials, and any comments TTB receives on it within Docket No. TTB–2023–0010 as posted on Regulations.gov (https:// www.regulations.gov), the Federal erulemaking portal. Please see the ‘‘Public Participation’’ section of this document below for full details on how to comment on this proposal via Regulations.gov or U.S. mail, and for full details on how to obtain copies of this document, its supporting materials, and any comments related to this proposal. SUMMARY: FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005; phone 202–453–1039, ext. 175. SUPPLEMENTARY INFORMATION: Background on Viticultural Areas lotter on DSK11XQN23PROD with PROPOSALS1 TTB Authority Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe regulations for the labeling of wine, distilled spirits, and malt beverages. The FAA Act provides that these regulations should, among other things, prohibit consumer VerDate Sep<11>2014 17:14 Jan 04, 2024 Jkt 262001 deception and the use of misleading statements on labels and ensure that labels provide the consumer with adequate information as to the identity and quality of the product. The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act provisions pursuant to section 1111(d) of the Homeland Security Act of 2002, as codified at 6 U.S.C. 531(d). In addition, the Secretary of the Treasury has delegated certain administrative and enforcement authorities to TTB through Treasury Order 120–01. Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to establish definitive viticultural areas and regulate the use of their names as appellations of origin on wine labels and in wine advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets forth standards for the preparation and submission of petitions for the establishment or modification of American viticultural areas (AVAs) and lists the approved AVAs. Definition Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) defines a viticultural area for American wine as a delimited grape-growing region having distinguishing features as described in part 9 of the regulations and, once approved, a name and a delineated boundary codified in part 9 of the regulations. These designations allow vintners and consumers to attribute a given quality, reputation, or other characteristic of a wine made from grapes grown in an area to the wine’s geographic origin. The establishment of AVAs allows vintners to describe more accurately the origin of their wines to consumers and helps consumers to identify wines they may purchase. Establishment of an AVA is neither an approval nor an endorsement by TTB of the wine produced in that area. Requirements Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2)) outlines the procedure for proposing an AVA and allows any interested party to petition TTB to establish a grapegrowing region as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards for petitions to establish or modify AVAs. Petitions to establish an AVA must include the following: • Evidence that the area within the proposed AVA boundary is nationally or locally known by the AVA name specified in the petition; • An explanation of the basis for defining the boundary of the proposed AVA; PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 • A narrative description of the features of the proposed AVA that affect viticulture, such as climate, geology, soils, physical features, and elevation, that make the proposed AVA distinctive and distinguish it from adjacent areas outside the proposed AVA boundary; • The appropriate United States Geological Survey (USGS) map(s) showing the location of the proposed AVA, with the boundary of the proposed AVA clearly drawn thereon; and • A detailed narrative description of the proposed AVA boundary based on USGS map markings. • If the proposed AVA is to be established within, or overlapping, an existing AVA, an explanation that both identifies the attributes of the proposed AVA that are consistent with the existing AVA and explains how the proposed AVA is sufficiently distinct from the existing AVA, and therefore appropriate for separate recognition. Petition To Establish the Conneaut Creek AVA TTB received a petition from Andrew Kirk, a research specialist at Ohio State University—Ashtabula Agricultural Research Station, proposing to establish the ‘‘Conneaut Creek’’ AVA on behalf of the Committee for Establishment of the ‘‘Conneaut Creek AVA,’’ comprised of local industry and institutional stakeholders. The proposed AVA is located in Ashtabula County, Ohio, and is entirely within the established Lake Erie AVA (27 CFR 9.83). The proposed AVA consists of the land within 2 miles of Conneaut Creek within the State of Ohio, for a total of approximately 37,116 acres. There are six commercial vineyards covering a total of approximately 45 acres within the proposed AVA, as well as three wineries. The distinguishing feature of the proposed Conneaut Creek AVA is its climate. Proposed Conneaut Creek AVA Name Evidence The proposed AVA takes its name from Conneaut Creek, which runs through the region and empties into Lake Erie near the Ohio-Pennsylvania border. According to the petition, one of the earliest examples of the use of the name ‘‘Conneaut Creek’’ comes from the diary of Moses Cleveland, a surveyor who landed at the mouth of the creek on the Lake Erie shoreline in 1796 and referred to the creek as ‘‘Conneaught Creek,’’ an anglicized spelling of the Seneca name for the creek. The creek also gives its name to the city of Conneaut, Ohio, which is within the E:\FR\FM\05JAP1.SGM 05JAP1 727 Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Proposed Rules proposed AVA. The petition includes several examples of businesses and organizations within the proposed AVA that use the name ‘‘Conneaut’’ or ‘‘Conneaut Creek,’’ including Conneaut Creek Veterinary Wellness and Urgent Care, Conneaut Creek Float and Fly Shop, the Conneaut Creek Club, Conneaut Creek Ship Repair, Friends of Conneaut Creek, and Conneaut Creek Fishing Lodge. Boundary Evidence The proposed Conneaut Creek AVA encompasses the portion of Conneaut Creek that is in Ohio. Although the creek originates in Pennsylvania, the petition states that the OhioPennsylvania border is used as the eastern boundary of the proposed AVA because at the time the petition was submitted, commercial viticulture did not exist along Conneaut Creek in Pennsylvania. The boundary of the proposed AVA begins at the point where Conneaut Creek intersects the Ohio-Pennsylvania State line. The proposed AVA then encompasses all land within 2 miles of the creek within the State of Ohio, to the point where the creek empties into Lake Erie. The petition states that a 2-mile radius around the creek encapsulates the climate, topography, and soil type of the proposed AVA, the primary characteristic being a climate that is strongly influenced by winds blowing inland from Lake Erie. According to the petition, the climatic influence of these winds lessens the farther one travels from both the Lake Erie shoreline and the banks of Conneaut Creek. Distinguishing Feature According to the petition, the distinguishing feature of the proposed Conneaut Creek AVA is its climate, which is influenced by air moving inland from Lake Erie via Conneaut Creek. The headwaters of the creek are in Pennsylvania, and it primarily flows south to north within that State. However, within the proposed AVA, Conneaut Creek flows from east to west for some time, parallel to Lake Erie, before resuming a northward trajectory into the lake. The proposed AVA is also located along a considerable northeasterly curve of the shoreline. The petition states that due to the shape of the shoreline, air flowing into the proposed AVA has travelled across the waters of Lake Erie for a longer distance than at locations along the shoreline that are farther to the west. Therefore, the air has more time to be affected by the temperature of the water it is passing over. The result is that temperatures in the proposed AVA are typically cooler for longer in the spring growing season, when the water temperature is generally cooler than the air temperature; less extreme in the summer; and warmer in the winter, when the water temperature is generally warmer than the air temperature. By comparison, temperatures in locations farther from the lake are typically warmer in the summer and cooler in the winter than the proposed AVA. To demonstrate how airflow over Lake Erie affects temperatures, the petition included the average growing degree day 1 (GDD) accumulations from 2015 to 2020 from within the proposed Conneaut Creek AVA and from the city of Fremont, Ohio, which is located within the western portion of the Lake Erie AVA and is not as close to the lake as the proposed AVA. The average GDD accumulation for the proposed AVA was 2,996.6, while the average GDD accumulation from Fremont was 3,379. The petition states that the difference of 382.4 GDDs is equivalent to 3.5 to 4 extra weeks of heat accumulation, indicating a warmer climate in Fremont. According to the petition, the cooler temperatures of the proposed Conneaut Creek AVA affect grape maturation and levels of malic acid, sugar (measured in degrees Brix), and phenols (which affect flavor, smell, and color). The petition provided information about must from pinot noir grapes harvested on the same date in 2019 from a vineyard in the proposed AVA and from two vineyards in the nearby Grand River Valley AVA (27 CFR 9.87), which is located within the Lake Erie AVA to the southwest of the proposed AVA. The information is set out in the following table. The petition notes that within the proposed AVA, the farthest a vineyard can be from Lake Erie is 6.5 miles, with most existing vineyards being within three miles of Lake Erie. In the Grand River Valley AVA, the closest a vineyard could be to the lake is 7.5 miles. TABLE 1—COMPARISON OF PROPOSED AVA AND GRAND RIVER VALLEY AVA PINOT NOIR MUST Location Proposed AVA ............................................................................................................................. Grand River Valley AVA Site #1 ................................................................................................. Grand River Valley AVA Site #2 ................................................................................................. lotter on DSK11XQN23PROD with PROPOSALS1 Total phenolics (mg/L) Brix 17 20.8 20 Titratable acidity (g/L) 317 608 584 10.4 7.4 8.1 According to the petition, the cooler growing season temperatures of the proposed Conneaut Creek AVA are reflected in the higher levels of acid in the grape must. Malic acid degradation is primarily a function of temperature, both ambient and in the leaf canopy, with warmer temperatures reducing acid levels. Cooler growing season temperatures also slow the development of sugar and phenolic components in the grapes, resulting in grape must with lower degrees of Brix and fewer total phenolics. The petition also included similar information for juice from pinot noir grapes harvested on the same day in 2018 from a vineyard within the proposed AVA and from a vineyard in the city of Vermilion, Ohio, which is located west of the proposed AVA along the central portion of the Lake Erie shoreline and is also within the Lake Erie AVA. The information is set out in the following table. 1 See Albert J. Winkler et al., General Viticulture (Berkeley: University of California Press, 2nd ed.), pages 61–64 (1974). In the Winkler climate classification system, annual heat accumulation during the growing season, measured in annual GDDs, defines climatic regions. One GDD accumulates for each degree Fahrenheit that a day’s mean temperature is above 50 degrees F, the minimum temperature required for grapevine growth. VerDate Sep<11>2014 17:14 Jan 04, 2024 Jkt 262001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\05JAP1.SGM 05JAP1 728 Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Proposed Rules TABLE 2—COMPARISON OF PROPOSED AVA AND LAKE ERIE AVA PINOT NOIR JUICE GDD on date of harvest Location Proposed AVA ............................................................................................................................. Vermilion, OH .............................................................................................................................. The data indicates that Brix levels and the number of total phenolics in the juice from grapes grown in the proposed AVA are lower than those in the juice from the Vermilion vineyard grapes. The lower sugar and phenolics levels, along with the lower GDD accumulations, demonstrate that the proposed AVA has cooler temperatures, even though the proposed AVA and the city of Vermilion are both close to the Lake Erie shore. The data also supports the petition’s claim that the proposed Conneaut Creek AVA’s location on the northeasterly curve of Lake Erie shoreline allows the air passing over the lake during the growing season to cool for a greater length of time than air that reaches the shoreline farther to the west. The petition states that lower sugar and phenolic levels and higher acid levels can also be found when 2,407 2,703 Total phenolics Brix 16 19.8 406 669 comparing cabernet franc grapes grown in the proposed Conneaut Creek AVA to the same varietal grown in the Grand River Valley AVA and the western end of the Lake Erie AVA. The petition notes that cabernet franc grapes typically ripen later than pinot noir, regardless of where they are grown. The following table sets out the information. TABLE 3—COMPARISON OF CABERNET FRANC FRUIT MATURITY Year Harvest date Grape components 2018 .................. October 10 ...................................... 2019 .................. October 10 ...................................... 2020 .................. October 9 ........................................ Brix .................................................. Total phenolics (mg/L) .................... Titratable acidity (mg/L) .................. Brix .................................................. Total phenolics (mg/L) .................... Titratable acidity (mg/L) .................. Brix .................................................. Total phenolics (mg/L) .................... Titratable acidity (mg/L) .................. The petition did not include data related to growing season temperatures within the region to the east of the proposed AVA, in Pennsylvania, because the region lacked viticulture at the time the petition was submitted. lotter on DSK11XQN23PROD with PROPOSALS1 Comparison of the Proposed Conneaut Creek AVA to the Existing Lake Erie AVA The Lake Erie AVA was established by T.D. ATF–156, which was published in the Federal Register on October 21, 1983 (48 FR 48819). T.D. ATF–156 states that the AVA is distinguished by its proximity to Lake Erie, which ‘‘exerts a moderating influence’’ on temperatures. Locations adjacent to the lake are more protected from extreme minimum and maximum temperatures than regions farther from the lake. T.D. ATF–156 also states that ‘‘[s]oils, elevations, and other physiographic features are diverse and * * * do not directly form the basis’’ for distinguishing the AVA. The proposed Conneaut Creek AVA also has the lake-influenced climate that is the primary feature of the Lake Erie AVA. However, due to its location on the northeastern edge of the Lake Erie AVA and its maximum distance of 6.5 VerDate Sep<11>2014 17:14 Jan 04, 2024 Jkt 262001 miles from the lake, the proposed AVA has a cooler growing season than locations within the Lake Erie AVA that are farther west or farther inland. TTB Determination TTB concludes that the petition to establish the approximately 37,116-acre ‘‘Conneaut Creek’’ AVA merits consideration and public comment, as invited in this document. Boundary Description See the narrative boundary descriptions of the petitioned-for AVA in the proposed regulatory text published at the end of this document. Maps The petitioner provided the required maps, and they are listed below in the proposed regulatory text. You may also view the proposed Conneaut Creek AVA boundary on the AVA Map Explorer on the TTB website, at https://www.ttb.gov/ wine/ava-map-explorer. Impact on Current Wine Labels Part 4 of the TTB regulations prohibits any label reference on a wine that indicates or implies an origin other than the wine’s true place of origin. For a wine to be labeled with an AVA name PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 Proposed Conneaut Creek AVA 19.6 399 6 20.4 469 9.6 21.8 320 10.1 Grand River Valley AVA 20.2 544 4.6 22.2 531 6 22 380 7.9 Western portion of Lake Erie AVA 21 488 N/A N/A N/A N/A N/A N/A N/A or with a brand name that includes an AVA name, at least 85 percent of the wine must be derived from grapes grown within the area represented by that name, and the wine must meet the other conditions listed in 27 CFR 4.25(e)(3). If the wine is not eligible for labeling with an AVA name and that name appears in the brand name, then the label is not in compliance and the bottler must change the brand name and obtain approval of a new label. Similarly, if the AVA name appears in another reference on the label in a misleading manner, the bottler would have to obtain approval of a new label. Different rules apply if a wine has a brand name containing an AVA name that was used as a brand name on a label approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details. If TTB establishes this proposed AVA, its name, ‘‘Conneaut Creek,’’ will be recognized as a name of viticultural significance under § 4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The text of the proposed regulation clarifies this point. Consequently, wine bottlers using ‘‘Conneaut Creek’’ in a brand name, including a trademark, or in another label reference as to the origin of the wine, would have to ensure that E:\FR\FM\05JAP1.SGM 05JAP1 Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Proposed Rules the product is eligible to use the viticultural area’s name ‘‘Conneaut Creek.’’ The approval of the proposed Conneaut Creek AVA would not affect any existing AVA, and any bottlers using ‘‘Lake Erie’’ as an appellation of origin or in a brand name for wines made from grapes grown within the Conneaut Creek AVA would not be affected by the establishment of this new AVA. If approved, the establishment of the proposed Conneaut Creek AVA would allow vintners to use ‘‘Conneaut Creek,’’ ‘‘Lake Erie,’’ or both AVA names as appellations of origin for wines made from grapes grown within the proposed AVA, if the wines meet the eligibility requirements for the appellation. lotter on DSK11XQN23PROD with PROPOSALS1 Public Participation Comments Invited TTB invites comments from interested members of the public on whether TTB should establish the proposed Conneaut Creek AVA. TTB is interested in receiving comments on the sufficiency and accuracy of the name, boundary, and other required information submitted in support of the AVA petition. TTB invites comments on whether the boundary description, which only includes land within the proposed boundary that is also within 2 statute miles of Conneaut Creek within the AVA, is sufficient to identify the proposed AVA and different enough from areas outside that boundary. In addition, because the proposed Conneaut Creek AVA would be within the existing Lake Erie AVA, TTB is interested in comments on whether the evidence submitted in the petition regarding the distinguishing features of the proposed AVA sufficiently differentiates it from the existing AVA. TTB is also interested in comments on whether the geographic features of the proposed AVA are so distinguishable from the Lake Erie AVA that the proposed Conneaut Creek AVA should not be part of the established AVA. Please provide any available specific information in support of your comments. Because of the potential impact of the establishment of the proposed Conneaut Creek AVA on wine labels that include the term ‘‘Conneaut Creek’’ as discussed above under Impact on Current Wine Labels, TTB is particularly interested in comments regarding whether there will be a conflict between the proposed area names and currently used brand names. If a commenter believes that a conflict will arise, the comment should describe the nature of that conflict, including any anticipated negative economic impact VerDate Sep<11>2014 17:14 Jan 04, 2024 Jkt 262001 that approval of the proposed AVA will have on an existing viticultural enterprise. TTB is also interested in receiving suggestions for ways to avoid conflicts, for example, by adopting a modified or different name for the proposed AVA. Submitting Comments You may submit comments on this proposal by using one of the following methods: • Federal e-Rulemaking Portal: You may send comments via the online comment form posted with this document within Docket No. TTB– 2023–0010 on ‘‘Regulations.gov,’’ the Federal e-rulemaking portal, at https:// www.regulations.gov. A direct link to that docket is available under Notice No. 228 on the TTB website at https:// www.ttb.gov/wine/notices-of-proposedrulemaking. Supplemental files may be attached to comments submitted via Regulations.gov. For complete instructions on how to use Regulations.gov, visit the site and click on the ‘‘FAQ’’ link at the bottom of the page. • U.S. Mail: You may send comments via postal mail to the Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005. Please submit your comments by the closing date shown above in this document. Your comments must reference Notice No. 228 and include your name and mailing address. Your comments also must be made in English, be legible, and be written in language acceptable for public disclosure. We do not acknowledge receipt of comments, and we consider all comments as originals. Your comment must clearly state if you are commenting on your own behalf or on behalf of an organization, business, or other entity. If you are commenting on behalf of an organization, business, or other entity, your comment must include the entity’s name as well as your name and position title. If you comment via Regulations.gov, please enter the entity’s name in the ‘‘Organization’’ blank of the online comment form. If you comment via postal mail, please submit your entity’s comment on letterhead. You may also write to the Administrator before the comment closing date to ask for a public hearing. The Administrator reserves the right to determine whether to hold a public hearing. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 729 Confidentiality All submitted comments and attachments are part of the public record and subject to disclosure. Do not enclose any material in your comments that you consider to be confidential or inappropriate for public disclosure. Public Disclosure TTB will post, and you may view, copies of this document, selected supporting materials, and any online or mailed comments received about this proposal within Docket No. TTB–2023– 0010 on the Federal e-rulemaking portal, Regulations.gov, at https:// www.regulations.gov. A direct link to that docket is available on the TTB website at https://www.ttb.gov/wine/ notices-of-proposed-rulemaking under Notice No. 228. You may also reach the relevant docket through the Regulations.gov search page at https:// www.regulations.gov. For instructions on how to use Regulations.gov, visit the site and click on the ‘‘FAQ’’ link at the bottom of the page. All posted comments will display the commenter’s name, organization (if any), city, and State, and, in the case of mailed comments, all address information, including email addresses. TTB may omit voluminous attachments or material that it considers unsuitable for posting. You may also obtain copies of this proposed rule, all related petitions, maps, other supporting materials, and any electronic or mailed comments that TTB receives about this proposal at 20 cents per 8.5- x 11-inch page. Please note that TTB is unable to provide copies of USGS maps or any similarlysized documents that may be included as part of the AVA petition. Contact TTB’s Regulations and Rulings Division by email using the web form at https:// www.ttb.gov/contact-rrd, or by telephone at 202–453–1039, ext. 175, to request copies of comments or other materials. Regulatory Flexibility Act TTB certifies that this proposed regulation, if adopted, would not have a significant economic impact on a substantial number of small entities. The proposed regulation imposes no new reporting, recordkeeping, or other administrative requirement. Any benefit derived from the use of a viticultural area name would be the result of a proprietor’s efforts and consumer acceptance of wines from that area. Therefore, no regulatory flexibility analysis is required. E:\FR\FM\05JAP1.SGM 05JAP1 730 Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Proposed Rules Executive Order 12866 This proposed rule is not a significant regulatory action as defined by Executive Order 12866, as amended. Therefore, it requires no regulatory assessment. List of Subjects in 27 CFR Part 9 Signed: December 19, 2023. Mary G. Ryan, Administrator. Approved: December 20, 2023. Thomas C. West, Jr., Deputy Assistant Secretary (Tax Policy). FOR FURTHER INFORMATION CONTACT: [FR Doc. 2024–00059 Filed 1–4–24; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 4810–31–P Background on Viticultural Areas Wine. TTB Authority Proposed Regulatory Amendment DEPARTMENT OF THE TREASURY For the reasons discussed in the preamble, we propose to amend title 27, chapter I, part 9, Code of Federal Regulations, as follows: Alcohol and Tobacco Tax and Trade Bureau PART 9—AMERICAN VITICULTURAL AREAS 1. The authority citation for part 9 continues to read as follows: ■ lotter on DSK11XQN23PROD with PROPOSALS1 Conneaut Creek. Jkt 262001 The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to rename the established ‘‘Mendocino Ridge’’ American viticultural area (AVA) in Mendocino County, California, as ‘‘Mendocino Coast Ridge.’’ The proposed name change would not affect the size or boundary description of the AVA. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on this proposal. DATES: TTB must receive your comments on or before March 5, 2024. ADDRESSES: You may electronically submit comments to TTB on this proposal using the comment form for this document as posted within Docket No. TTB–2023–0009 on the ‘‘Regulations.gov’’ website at https:// www.regulations.gov. Within that docket, you also may view copies of this document, its supporting materials, and any comments TTB receives on this proposal. A direct link to that docket is available on the TTB website at https:// www.ttb.gov/wine/notices-of-proposedrulemaking under Notice No. 227. Alternatively, you may submit comments via postal mail to the Director, Regulations and Ruling Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005. Please see the Public Participation section below for further information on the comments requested regarding this proposal and on the submission, confidentiality, and public disclosure of comments. SUMMARY: (a) Name. The name of the viticultural area described in this section is ‘‘Conneaut Creek’’. For purposes of part 4 of this chapter, ‘‘Conneaut Creek’’ is a term of viticultural significance. (b) Approved maps. The 4 United States Geological Survey (USGS) 1:24,000 scale topographic map used to determine the boundary of the viticultural area are as follows: (1) Conneaut, OH-PA, 2019; (2) North Kingsville, OH, 2019; (3) Gageville, OH, 2019; and (4) Pierpoint, OH, 2019. (c) Boundary. The Conneaut Creek viticultural area is located in Ashtabula County, Ohio. The boundary of the Conneaut Creek viticultural area is as described as follows: (1) The beginning point is on the Conneaut map at the intersection of the Ohio-Pennsylvania State line and Conneaut Creek. (2) From the beginning point, proceed westerly, then easterly, then northerly along Conneaut Creek, crossing onto the North Kingsville map and back onto the Conneaut map, to the point where Conneaut Creek flows into Lake Erie. (3) The Conneaut Creek viticultural area consists of all land within 2 statute miles of Conneaut Creek on the Conneaut, North Kingsville, Gageville, and Pierpoint maps. 17:14 Jan 04, 2024 RIN 1513–AC80 Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Notice of proposed rulemaking. 2. Add § 9.ll to read as follows: VerDate Sep<11>2014 [Docket No. TTB–2023–0009; Notice No. 227] AGENCY: Subpart C—Approved American Viticultural Areas § 9.ll 27 CFR Part 9 Proposed Renaming of the Mendocino Ridge Viticultural Area Authority: 27 U.S.C. 205. ■ Karen A. Thornton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005; phone 202–453–1039, ext. 175. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe regulations for the labeling of wine, distilled spirits, and malt beverages. The FAA Act provides that these regulations should, among other things, prohibit consumer deception and the use of misleading statements on labels, and ensure that labels provide the consumer with adequate information as to the identity and quality of the product. The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act pursuant to section 1111(d) of the Homeland Security Act of 2002, codified at 6 U.S.C. 531(d). The Secretary has delegated the functions and duties in the administration and enforcement of these provisions to the TTB Administrator through Treasury Order 120–01. Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to establish definitive viticultural areas and regulate the use of their names as appellations of origin on wine labels and in wine advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets forth standards for the preparation and submission of petitions for the establishment or modification of American viticultural areas (AVAs), including changes to AVA names, and lists the approved AVAs. Definition Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) defines a viticultural area for American wine as a delimited grape-growing region having distinguishing features, as described in part 9 of the regulations, and a name and a delineated boundary, as established in part 9 of the regulations. These designations allow vintners and consumers to attribute a given quality, reputation, or other characteristic of a wine made from grapes grown in an area to its geographic origin. The establishment of AVAs allows vintners to describe more accurately the origin of their wines to consumers and helps consumers to identify wines they may purchase. Establishment of an AVA is neither an approval nor an endorsement E:\FR\FM\05JAP1.SGM 05JAP1

Agencies

[Federal Register Volume 89, Number 4 (Friday, January 5, 2024)]
[Proposed Rules]
[Pages 726-730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00059]



[[Page 726]]

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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2023-0010; Notice No. 228]
RIN 1513-AD01


Proposed Establishment of the Conneaut Creek Viticultural Area

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to 
establish the 70,437-acre ``Conneaut Creek'' American viticultural area 
(AVA) in Ashtabula County, Ohio. The proposed AVA is located entirely 
within the boundaries of the existing Lake Erie AVA. TTB designates 
viticultural areas to allow vintners to better describe the origin of 
their wines and to allow consumers to better identify wines they may 
purchase. TTB invites comments on these proposals.

DATES: TTB must receive your comments on or before March 5, 2024.

ADDRESSES: You may electronically submit comments to TTB on this 
proposal, and view copies of this document, its supporting materials, 
and any comments TTB receives on it within Docket No. TTB-2023-0010 as 
posted on Regulations.gov (https://www.regulations.gov), the Federal e-
rulemaking portal. Please see the ``Public Participation'' section of 
this document below for full details on how to comment on this proposal 
via Regulations.gov or U.S. mail, and for full details on how to obtain 
copies of this document, its supporting materials, and any comments 
related to this proposal.

FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act 
provisions pursuant to section 1111(d) of the Homeland Security Act of 
2002, as codified at 6 U.S.C. 531(d). In addition, the Secretary of the 
Treasury has delegated certain administrative and enforcement 
authorities to TTB through Treasury Order 120-01.
    Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to 
establish definitive viticultural areas and regulate the use of their 
names as appellations of origin on wine labels and in wine 
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets 
forth standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas (AVAs) and 
lists the approved AVAs.

Definition

    Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) 
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features as described in part 9 of 
the regulations and, once approved, a name and a delineated boundary 
codified in part 9 of the regulations. These designations allow 
vintners and consumers to attribute a given quality, reputation, or 
other characteristic of a wine made from grapes grown in an area to the 
wine's geographic origin. The establishment of AVAs allows vintners to 
describe more accurately the origin of their wines to consumers and 
helps consumers to identify wines they may purchase. Establishment of 
an AVA is neither an approval nor an endorsement by TTB of the wine 
produced in that area.

Requirements

    Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2)) 
outlines the procedure for proposing an AVA and allows any interested 
party to petition TTB to establish a grape-growing region as an AVA. 
Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards 
for petitions to establish or modify AVAs. Petitions to establish an 
AVA must include the following:
     Evidence that the area within the proposed AVA boundary is 
nationally or locally known by the AVA name specified in the petition;
     An explanation of the basis for defining the boundary of 
the proposed AVA;
     A narrative description of the features of the proposed 
AVA that affect viticulture, such as climate, geology, soils, physical 
features, and elevation, that make the proposed AVA distinctive and 
distinguish it from adjacent areas outside the proposed AVA boundary;
     The appropriate United States Geological Survey (USGS) 
map(s) showing the location of the proposed AVA, with the boundary of 
the proposed AVA clearly drawn thereon; and
     A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.
     If the proposed AVA is to be established within, or 
overlapping, an existing AVA, an explanation that both identifies the 
attributes of the proposed AVA that are consistent with the existing 
AVA and explains how the proposed AVA is sufficiently distinct from the 
existing AVA, and therefore appropriate for separate recognition.

Petition To Establish the Conneaut Creek AVA

    TTB received a petition from Andrew Kirk, a research specialist at 
Ohio State University--Ashtabula Agricultural Research Station, 
proposing to establish the ``Conneaut Creek'' AVA on behalf of the 
Committee for Establishment of the ``Conneaut Creek AVA,'' comprised of 
local industry and institutional stakeholders. The proposed AVA is 
located in Ashtabula County, Ohio, and is entirely within the 
established Lake Erie AVA (27 CFR 9.83). The proposed AVA consists of 
the land within 2 miles of Conneaut Creek within the State of Ohio, for 
a total of approximately 37,116 acres. There are six commercial 
vineyards covering a total of approximately 45 acres within the 
proposed AVA, as well as three wineries. The distinguishing feature of 
the proposed Conneaut Creek AVA is its climate.

Proposed Conneaut Creek AVA

Name Evidence

    The proposed AVA takes its name from Conneaut Creek, which runs 
through the region and empties into Lake Erie near the Ohio-
Pennsylvania border. According to the petition, one of the earliest 
examples of the use of the name ``Conneaut Creek'' comes from the diary 
of Moses Cleveland, a surveyor who landed at the mouth of the creek on 
the Lake Erie shoreline in 1796 and referred to the creek as 
``Conneaught Creek,'' an anglicized spelling of the Seneca name for the 
creek. The creek also gives its name to the city of Conneaut, Ohio, 
which is within the

[[Page 727]]

proposed AVA. The petition includes several examples of businesses and 
organizations within the proposed AVA that use the name ``Conneaut'' or 
``Conneaut Creek,'' including Conneaut Creek Veterinary Wellness and 
Urgent Care, Conneaut Creek Float and Fly Shop, the Conneaut Creek 
Club, Conneaut Creek Ship Repair, Friends of Conneaut Creek, and 
Conneaut Creek Fishing Lodge.

Boundary Evidence

    The proposed Conneaut Creek AVA encompasses the portion of Conneaut 
Creek that is in Ohio. Although the creek originates in Pennsylvania, 
the petition states that the Ohio-Pennsylvania border is used as the 
eastern boundary of the proposed AVA because at the time the petition 
was submitted, commercial viticulture did not exist along Conneaut 
Creek in Pennsylvania. The boundary of the proposed AVA begins at the 
point where Conneaut Creek intersects the Ohio-Pennsylvania State line. 
The proposed AVA then encompasses all land within 2 miles of the creek 
within the State of Ohio, to the point where the creek empties into 
Lake Erie. The petition states that a 2-mile radius around the creek 
encapsulates the climate, topography, and soil type of the proposed 
AVA, the primary characteristic being a climate that is strongly 
influenced by winds blowing inland from Lake Erie. According to the 
petition, the climatic influence of these winds lessens the farther one 
travels from both the Lake Erie shoreline and the banks of Conneaut 
Creek.

Distinguishing Feature

    According to the petition, the distinguishing feature of the 
proposed Conneaut Creek AVA is its climate, which is influenced by air 
moving inland from Lake Erie via Conneaut Creek. The headwaters of the 
creek are in Pennsylvania, and it primarily flows south to north within 
that State. However, within the proposed AVA, Conneaut Creek flows from 
east to west for some time, parallel to Lake Erie, before resuming a 
northward trajectory into the lake. The proposed AVA is also located 
along a considerable northeasterly curve of the shoreline. The petition 
states that due to the shape of the shoreline, air flowing into the 
proposed AVA has travelled across the waters of Lake Erie for a longer 
distance than at locations along the shoreline that are farther to the 
west. Therefore, the air has more time to be affected by the 
temperature of the water it is passing over. The result is that 
temperatures in the proposed AVA are typically cooler for longer in the 
spring growing season, when the water temperature is generally cooler 
than the air temperature; less extreme in the summer; and warmer in the 
winter, when the water temperature is generally warmer than the air 
temperature. By comparison, temperatures in locations farther from the 
lake are typically warmer in the summer and cooler in the winter than 
the proposed AVA.
    To demonstrate how airflow over Lake Erie affects temperatures, the 
petition included the average growing degree day \1\ (GDD) 
accumulations from 2015 to 2020 from within the proposed Conneaut Creek 
AVA and from the city of Fremont, Ohio, which is located within the 
western portion of the Lake Erie AVA and is not as close to the lake as 
the proposed AVA. The average GDD accumulation for the proposed AVA was 
2,996.6, while the average GDD accumulation from Fremont was 3,379. The 
petition states that the difference of 382.4 GDDs is equivalent to 3.5 
to 4 extra weeks of heat accumulation, indicating a warmer climate in 
Fremont.
    According to the petition, the cooler temperatures of the proposed 
Conneaut Creek AVA affect grape maturation and levels of malic acid, 
sugar (measured in degrees Brix), and phenols (which affect flavor, 
smell, and color). The petition provided information about must from 
pinot noir grapes harvested on the same date in 2019 from a vineyard in 
the proposed AVA and from two vineyards in the nearby Grand River 
Valley AVA (27 CFR 9.87), which is located within the Lake Erie AVA to 
the southwest of the proposed AVA. The information is set out in the 
following table. The petition notes that within the proposed AVA, the 
farthest a vineyard can be from Lake Erie is 6.5 miles, with most 
existing vineyards being within three miles of Lake Erie. In the Grand 
River Valley AVA, the closest a vineyard could be to the lake is 7.5 
miles.

                 Table 1--Comparison of Proposed AVA and Grand River Valley AVA Pinot Noir Must
----------------------------------------------------------------------------------------------------------------
                                                                                       Total
                            Location                                   Brix       phenolics (mg/    Titratable
                                                                                        L)         acidity (g/L)
----------------------------------------------------------------------------------------------------------------
Proposed AVA....................................................              17             317            10.4
Grand River Valley AVA Site #1..................................            20.8             608             7.4
Grand River Valley AVA Site #2..................................              20             584             8.1
----------------------------------------------------------------------------------------------------------------

    According to the petition, the cooler growing season temperatures 
of the proposed Conneaut Creek AVA are reflected in the higher levels 
of acid in the grape must. Malic acid degradation is primarily a 
function of temperature, both ambient and in the leaf canopy, with 
warmer temperatures reducing acid levels. Cooler growing season 
temperatures also slow the development of sugar and phenolic components 
in the grapes, resulting in grape must with lower degrees of Brix and 
fewer total phenolics.
---------------------------------------------------------------------------

    \1\ See Albert J. Winkler et al., General Viticulture (Berkeley: 
University of California Press, 2nd ed.), pages 61-64 (1974). In the 
Winkler climate classification system, annual heat accumulation 
during the growing season, measured in annual GDDs, defines climatic 
regions. One GDD accumulates for each degree Fahrenheit that a day's 
mean temperature is above 50 degrees F, the minimum temperature 
required for grapevine growth.
---------------------------------------------------------------------------

    The petition also included similar information for juice from pinot 
noir grapes harvested on the same day in 2018 from a vineyard within 
the proposed AVA and from a vineyard in the city of Vermilion, Ohio, 
which is located west of the proposed AVA along the central portion of 
the Lake Erie shoreline and is also within the Lake Erie AVA. The 
information is set out in the following table.

[[Page 728]]



                     Table 2--Comparison of Proposed AVA and Lake Erie AVA Pinot Noir Juice
----------------------------------------------------------------------------------------------------------------
                                                                  GDD on date of                       Total
                            Location                                  harvest          Brix          phenolics
----------------------------------------------------------------------------------------------------------------
Proposed AVA....................................................           2,407              16             406
Vermilion, OH...................................................           2,703            19.8             669
----------------------------------------------------------------------------------------------------------------

    The data indicates that Brix levels and the number of total 
phenolics in the juice from grapes grown in the proposed AVA are lower 
than those in the juice from the Vermilion vineyard grapes. The lower 
sugar and phenolics levels, along with the lower GDD accumulations, 
demonstrate that the proposed AVA has cooler temperatures, even though 
the proposed AVA and the city of Vermilion are both close to the Lake 
Erie shore. The data also supports the petition's claim that the 
proposed Conneaut Creek AVA's location on the northeasterly curve of 
Lake Erie shoreline allows the air passing over the lake during the 
growing season to cool for a greater length of time than air that 
reaches the shoreline farther to the west.
    The petition states that lower sugar and phenolic levels and higher 
acid levels can also be found when comparing cabernet franc grapes 
grown in the proposed Conneaut Creek AVA to the same varietal grown in 
the Grand River Valley AVA and the western end of the Lake Erie AVA. 
The petition notes that cabernet franc grapes typically ripen later 
than pinot noir, regardless of where they are grown. The following 
table sets out the information.

                              Table 3--Comparison of Cabernet Franc Fruit Maturity
----------------------------------------------------------------------------------------------------------------
                                                                     Proposed                         Western
          Year               Harvest date      Grape components   Conneaut Creek    Grand River     portion of
                                                                        AVA         Valley AVA     Lake Erie AVA
----------------------------------------------------------------------------------------------------------------
2018....................  October 10........  Brix..............            19.6            20.2              21
                                              Total phenolics                399             544             488
                                               (mg/L).                         6             4.6             N/A
                                              Titratable acidity
                                               (mg/L).
2019....................  October 10........  Brix..............            20.4            22.2             N/A
                                              Total phenolics                469             531             N/A
                                               (mg/L).                       9.6               6             N/A
                                              Titratable acidity
                                               (mg/L).
2020....................  October 9.........  Brix..............            21.8              22             N/A
                                              Total phenolics                320             380             N/A
                                               (mg/L).                      10.1             7.9             N/A
                                              Titratable acidity
                                               (mg/L).
----------------------------------------------------------------------------------------------------------------

    The petition did not include data related to growing season 
temperatures within the region to the east of the proposed AVA, in 
Pennsylvania, because the region lacked viticulture at the time the 
petition was submitted.

Comparison of the Proposed Conneaut Creek AVA to the Existing Lake Erie 
AVA

    The Lake Erie AVA was established by T.D. ATF-156, which was 
published in the Federal Register on October 21, 1983 (48 FR 48819). 
T.D. ATF-156 states that the AVA is distinguished by its proximity to 
Lake Erie, which ``exerts a moderating influence'' on temperatures. 
Locations adjacent to the lake are more protected from extreme minimum 
and maximum temperatures than regions farther from the lake. T.D. ATF-
156 also states that ``[s]oils, elevations, and other physiographic 
features are diverse and * * * do not directly form the basis'' for 
distinguishing the AVA.
    The proposed Conneaut Creek AVA also has the lake-influenced 
climate that is the primary feature of the Lake Erie AVA. However, due 
to its location on the northeastern edge of the Lake Erie AVA and its 
maximum distance of 6.5 miles from the lake, the proposed AVA has a 
cooler growing season than locations within the Lake Erie AVA that are 
farther west or farther inland.

TTB Determination

    TTB concludes that the petition to establish the approximately 
37,116-acre ``Conneaut Creek'' AVA merits consideration and public 
comment, as invited in this document.

Boundary Description

    See the narrative boundary descriptions of the petitioned-for AVA 
in the proposed regulatory text published at the end of this document.

Maps

    The petitioner provided the required maps, and they are listed 
below in the proposed regulatory text. You may also view the proposed 
Conneaut Creek AVA boundary on the AVA Map Explorer on the TTB website, 
at https://www.ttb.gov/wine/ava-map-explorer.

Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a 
wine that indicates or implies an origin other than the wine's true 
place of origin. For a wine to be labeled with an AVA name or with a 
brand name that includes an AVA name, at least 85 percent of the wine 
must be derived from grapes grown within the area represented by that 
name, and the wine must meet the other conditions listed in 27 CFR 
4.25(e)(3). If the wine is not eligible for labeling with an AVA name 
and that name appears in the brand name, then the label is not in 
compliance and the bottler must change the brand name and obtain 
approval of a new label. Similarly, if the AVA name appears in another 
reference on the label in a misleading manner, the bottler would have 
to obtain approval of a new label. Different rules apply if a wine has 
a brand name containing an AVA name that was used as a brand name on a 
label approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.
    If TTB establishes this proposed AVA, its name, ``Conneaut Creek,'' 
will be recognized as a name of viticultural significance under Sec.  
4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The text of the 
proposed regulation clarifies this point. Consequently, wine bottlers 
using ``Conneaut Creek'' in a brand name, including a trademark, or in 
another label reference as to the origin of the wine, would have to 
ensure that

[[Page 729]]

the product is eligible to use the viticultural area's name ``Conneaut 
Creek.'' The approval of the proposed Conneaut Creek AVA would not 
affect any existing AVA, and any bottlers using ``Lake Erie'' as an 
appellation of origin or in a brand name for wines made from grapes 
grown within the Conneaut Creek AVA would not be affected by the 
establishment of this new AVA. If approved, the establishment of the 
proposed Conneaut Creek AVA would allow vintners to use ``Conneaut 
Creek,'' ``Lake Erie,'' or both AVA names as appellations of origin for 
wines made from grapes grown within the proposed AVA, if the wines meet 
the eligibility requirements for the appellation.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether TTB should establish the proposed Conneaut Creek AVA. TTB is 
interested in receiving comments on the sufficiency and accuracy of the 
name, boundary, and other required information submitted in support of 
the AVA petition. TTB invites comments on whether the boundary 
description, which only includes land within the proposed boundary that 
is also within 2 statute miles of Conneaut Creek within the AVA, is 
sufficient to identify the proposed AVA and different enough from areas 
outside that boundary. In addition, because the proposed Conneaut Creek 
AVA would be within the existing Lake Erie AVA, TTB is interested in 
comments on whether the evidence submitted in the petition regarding 
the distinguishing features of the proposed AVA sufficiently 
differentiates it from the existing AVA. TTB is also interested in 
comments on whether the geographic features of the proposed AVA are so 
distinguishable from the Lake Erie AVA that the proposed Conneaut Creek 
AVA should not be part of the established AVA. Please provide any 
available specific information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Conneaut Creek AVA on wine labels that include the term 
``Conneaut Creek'' as discussed above under Impact on Current Wine 
Labels, TTB is particularly interested in comments regarding whether 
there will be a conflict between the proposed area names and currently 
used brand names. If a commenter believes that a conflict will arise, 
the comment should describe the nature of that conflict, including any 
anticipated negative economic impact that approval of the proposed AVA 
will have on an existing viticultural enterprise. TTB is also 
interested in receiving suggestions for ways to avoid conflicts, for 
example, by adopting a modified or different name for the proposed AVA.

Submitting Comments

    You may submit comments on this proposal by using one of the 
following methods:
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this document within Docket No. TTB-
2023-0010 on ``Regulations.gov,'' the Federal e-rulemaking portal, at 
https://www.regulations.gov. A direct link to that docket is available 
under Notice No. 228 on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking. Supplemental files may be attached to 
comments submitted via Regulations.gov. For complete instructions on 
how to use Regulations.gov, visit the site and click on the ``FAQ'' 
link at the bottom of the page.
     U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
document. Your comments must reference Notice No. 228 and include your 
name and mailing address. Your comments also must be made in English, 
be legible, and be written in language acceptable for public 
disclosure. We do not acknowledge receipt of comments, and we consider 
all comments as originals.
    Your comment must clearly state if you are commenting on your own 
behalf or on behalf of an organization, business, or other entity. If 
you are commenting on behalf of an organization, business, or other 
entity, your comment must include the entity's name as well as your 
name and position title. If you comment via Regulations.gov, please 
enter the entity's name in the ``Organization'' blank of the online 
comment form. If you comment via postal mail, please submit your 
entity's comment on letterhead.
    You may also write to the Administrator before the comment closing 
date to ask for a public hearing. The Administrator reserves the right 
to determine whether to hold a public hearing.

Confidentiality

    All submitted comments and attachments are part of the public 
record and subject to disclosure. Do not enclose any material in your 
comments that you consider to be confidential or inappropriate for 
public disclosure.

Public Disclosure

    TTB will post, and you may view, copies of this document, selected 
supporting materials, and any online or mailed comments received about 
this proposal within Docket No. TTB-2023-0010 on the Federal e-
rulemaking portal, Regulations.gov, at https://www.regulations.gov. A 
direct link to that docket is available on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking under Notice No. 228. 
You may also reach the relevant docket through the Regulations.gov 
search page at https://www.regulations.gov. For instructions on how to 
use Regulations.gov, visit the site and click on the ``FAQ'' link at 
the bottom of the page.
    All posted comments will display the commenter's name, organization 
(if any), city, and State, and, in the case of mailed comments, all 
address information, including email addresses. TTB may omit voluminous 
attachments or material that it considers unsuitable for posting.
    You may also obtain copies of this proposed rule, all related 
petitions, maps, other supporting materials, and any electronic or 
mailed comments that TTB receives about this proposal at 20 cents per 
8.5- x 11-inch page. Please note that TTB is unable to provide copies 
of USGS maps or any similarly-sized documents that may be included as 
part of the AVA petition. Contact TTB's Regulations and Rulings 
Division by email using the web form at https://www.ttb.gov/contact-rrd, or by telephone at 202-453-1039, ext. 175, to request copies of 
comments or other materials.

Regulatory Flexibility Act

    TTB certifies that this proposed regulation, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The proposed regulation imposes no new reporting, 
recordkeeping, or other administrative requirement. Any benefit derived 
from the use of a viticultural area name would be the result of a 
proprietor's efforts and consumer acceptance of wines from that area. 
Therefore, no regulatory flexibility analysis is required.

[[Page 730]]

Executive Order 12866

    This proposed rule is not a significant regulatory action as 
defined by Executive Order 12866, as amended. Therefore, it requires no 
regulatory assessment.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, we propose to amend 
title 27, chapter I, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Add Sec.  9.__ to read as follows:


Sec.  9.__   Conneaut Creek.

    (a) Name. The name of the viticultural area described in this 
section is ``Conneaut Creek''. For purposes of part 4 of this chapter, 
``Conneaut Creek'' is a term of viticultural significance.
    (b) Approved maps. The 4 United States Geological Survey (USGS) 
1:24,000 scale topographic map used to determine the boundary of the 
viticultural area are as follows:
    (1) Conneaut, OH-PA, 2019;
    (2) North Kingsville, OH, 2019;
    (3) Gageville, OH, 2019; and
    (4) Pierpoint, OH, 2019.
    (c) Boundary. The Conneaut Creek viticultural area is located in 
Ashtabula County, Ohio. The boundary of the Conneaut Creek viticultural 
area is as described as follows:
    (1) The beginning point is on the Conneaut map at the intersection 
of the Ohio-Pennsylvania State line and Conneaut Creek.
    (2) From the beginning point, proceed westerly, then easterly, then 
northerly along Conneaut Creek, crossing onto the North Kingsville map 
and back onto the Conneaut map, to the point where Conneaut Creek flows 
into Lake Erie.
    (3) The Conneaut Creek viticultural area consists of all land 
within 2 statute miles of Conneaut Creek on the Conneaut, North 
Kingsville, Gageville, and Pierpoint maps.

    Signed: December 19, 2023.
Mary G. Ryan,
Administrator.
    Approved: December 20, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2024-00059 Filed 1-4-24; 8:45 am]
BILLING CODE 4810-31-P
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